The Kentucky Pregnant Workers Act (“Act”), which goes into effect on June 27, 2019, greatly expands what a Kentucky employer must provide covered employees in connection with pregnancy, childbirth, and related medical conditions. Under the Act, an employer with at least 15 employees must provide reasonable accommodations for its employees unless the accommodation imposes an undue burden on the employer. These accommodations may include:
- More frequent or longer breaks;
- Time off to recover from childbirth;
- Acquisition or modification of equipment;
- Appropriate seating;
- Temporary transfer to a less strenuous or less hazardous position;
- Job restructuring;
- Light duty;
- Modified work schedule; and
- Private space, other than a bathroom, for expressing breast milk.
In determining whether an employer has an undue burden placed on it when accommodations are requested, several factors will be analyzed by the court, such as the nature and cost of the accommodation, the employer’s financial resources, the size of the operation, and whether there is a history of other accommodations being made.
The Act requires employers to conspicuously post an updated notice of employees’ rights under the Act, to provide a copy of the written notice to all existing employees no later than July 27, 2019, and to provide a copy of the written notice immediately to any new hires after this date. The Kentucky Human Rights Commission updated the Kentucky EEO poster (Kentucky EEO Poster) to comply with the Act’s notice requirements. The poster should be displayed in a conspicuous place and distributed to employees. If you have any questions regarding the impact of this law on your business, please contact your Wood + Lamping attorney.